Appellant sued in the District Court for $50,000 on account of personal injuries sustained as a result of alleged negligence of appellees. Acting under Title 11, Section 756 of the District of Columbia Code, 1 the District Judge certified the case to the Municipal Court for the District of Columbia for trial, on the ground that it appeared to him that the *259 action would not justify a judgment in excess of $3,000. 2 Under this statute the appellant may be awarded in the Municipal Court such damages, within the $50,000 claimed, as the jury determines.

Appellees urge that the order certifying the case to the Municipal Court is not a final and appealable order, and also that the District Court’s action was a proper exercise of discretion. A majority of the court think the order was final and appealable, since trial by the District Court was a claimed right and was not an ingredient of the cause of action. Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528; Swift & Co. Packers v. Compania Colombiana, 339 U.S. 684, 70 S.Ct. 861, 94 L.Ed. 1206; United States v. Cefaratti, 91 U.S.App.D.C. 297, 300, 202 F.2d 13, 15. We all agree that there was no abuse of discretion.

Affirmed.